776 SOUTH ORANGE AVE., INC. v. PHOENIX INS. CO.


42 A.D.2d 521 (1973)

776 South Orange Avenue, Inc., Appellant, v. Phoenix Insurance Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1973


In our view the evidence established a prima facie case against the insurance broker, defendant-respondent Rudges & Company. Plaintiff-appellant has shown sufficient facts to indicate a course of conduct by Rudges & Company that lulled appellant into a false sense of security, caused appellant to continue its renovations and improvements of the insured premises, all leading to the inaugural opening of its restaurant. (Cf. Joseph, Inc. v. Alberti, Carleton...

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